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Ninth circuit case
if a noncreditor - the foreclosing bank for example - files a motion for
relief from stay, would that amount to consent to the bankruptcy court's
jdx or do you think the 9th circuit would require consent to each adversary
proceeding?
Fraudulent conveyance claims are quintessentially
suits at common law designed to augment the bankruptcy
estate. Granfinanciera, 492 U.S. at 56. Thus, Article III
bars bankruptcy courts from entering final judgments in
such actions brought by a noncreditor absent the parties
consent. But here EBIA consented to the bankruptcy
courts jurisdiction, rendering that courts entry of
summary judgment in favor of the Trustee constitutionally
sound. That judgment was also correct.
On Tue, Dec 4, 2012 at 3:24 PM, Leventhal Law Group, P.C. wrote:
> **
>
>
> *NINTH U.S. CIRCUIT COURT OF APPEALS*
>
> *-Bankruptcy-*
> Fraudulent conveyance claims do not fall within the public rights
> exception to Article III and cannot be adjudicated by non-Article III
> judges; bankruptcy courts may, however, hear and enter proposed findings of
> fact and conclusions asserted by a bankruptcy trustee against a noncreditor
> in such cases, subject to de novo review by a federal district court.
> Furthermore, a defendant's right to an Article III hearing in such a case
> is waivable.
> *In re Bellingham Insurance Agency, Inc.* - filed December 4, 2012
>
> Jonathan Leventhal, esq.
> Leventhal Law Group, P.C.
> 818-347-5800
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.
>
> This email and any attachments thereto may contain private, confidential,
> and privileged material for the sole use of the intended recipient. Any
> review, copying, or distribution of this email (or any attachments thereto)
> by others is strictly prohibited. If you are not the intended recipient,
> please contact the sender immediately and permanently delete the original
> and any copies of this email and any attachments thereto.
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
> Note: The Leventhal Law Group, P.C. does not represent you until a
> written fee agreement has been signed by you and a representative of the
> Leventhal Law Group, P.C. and all fees listed in the agreement have been
> paid.
>
>
>
if a noncreditor - the foreclosing bank for example - files a motion for relief from stay, would that amount to consent to the bankruptcy court's jdx or do you think the 9th circuit would require consent to each adversary proceeding?
Fraudulent conveyance claims are quintessentiallysuits at common law designed to augment the bankruptcyestate. Granfinanciera, 492 U.S. at 56. Thus, Article III
bars bankruptcy courts from entering final judgments insuch actions brought by a noncreditor absent the partiesconsent. But here EBIA consented to the bankruptcycourts jurisdiction, rendering that courts entry of
summary judgment in favor of the Trustee constitutionallysound. That judgment was also correct.On Tue, Dec 4, 2012 at 3:24 PM, Leventhal Law Group, P.C. <law@3yl.com> wrote:
NINTH U.S. CIRCUIT COURT OF APPEALS-Bankruptcy-Fraudulent conveyance claims do not fall within the public rights exception to Article III and cannot be adjudicated by non-Article III judges; bankruptcy courts may, however, hear and enter proposed findings of fact and conclusions asserted by a bankruptcy trustee against a noncreditor in such cases, subject to de novo review by a federal district court. Furthermore, a defendant's right to an Article III hearing in such a case is waivable.
a>December 4, 2012Jonathan Leventhal, esq.Leventhal Law Group, P.C.818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
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